Borough of Brielle, NJ
| June 27, 2011
June 27, 2011
MINUTES JUNE 27th, 2011 WORK SESSION START: 7:30 PM
PRESENT: MAYOR NICOL, COUN.GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
Mayor Nicol convened the work session in compliance with the Open Public Meetings Act and recognized the Administrator who advised that he had no report.
There being no comments the work session was adjourned at 7:31 p.m. on a motion by Coun. Scott, seconded by Coun. Nolan.
MINUTES JUNE 27th, 2011 START: 7:32P.M.
PRESENT: MAYOR NICOL, COUN. GARRUZZO, GORHAM, NOLAN, SCOTT, SHAAK & VISCEGLIA. ATTORNEY MONTENEGRO & ADMINISTRATOR NOLAN.
Following a moment of silent prayer, a salute to the flag and a roll call, the Minutes of the June 13th, 2011 Council Meeting were approved on a motion by Coun. Nolan seconded by Coun Garruzzo; all aye; no nays. Passed. (Coun. Gorham abstained).
Coun , Garruzzo, seconded by Coun. Nolan, introduced Resolution 11-59 for passage of the Consent Agenda.
A. (see insertion).
B. (see insertion).
C. To appoint William A. Burkhardt as Certified Recycling Coordinator with an
effective date of July 1st , 2011.
D. (see insertion)
E. (see insertion).
Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: "A" was amended to be subject to the provision of a Tax Clearance Certificate. In response to Coun. Nolan, the Administrator advised that "E" supported legislation to ensure that all school monies were equally distributed to all school districts. In reply to William Brannick, 805 Schoolhouse Road, the Administrator explained that the appointment of Mr. Burkhardt, taken in conjunction with the promotion of Mr. Robert McArthur and the hiring of Mr. Michael McArthur would not increase the municipal payroll and would result in a savings to the Borough.
Coun. Visceglia, seconded by Coun. Shaak, introduced Resolution 11-60 for Payment of Bills. Be It Resolved, that the following bills be paid, and that the Mayor or President of Council be authorized to draw orders on the Chief Finance Officer for payment of the bills of June 27th, 2011, as reviewed by the Finance Committee and as listed on the Resolution and the Computer Bill List amended thereto. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then announced that the time had arrived for a hearing and further consideration of "AN ORDINANCE TO AMEND CHAPTER TWENTY, SECTION SIX, SUBSECTION SEVEN (20.6-7) OF THE CODE OF THE BOROUGH OF BRIELLE ENTITLED "FEES".
The hearing was opened on a motion by Coun. Scott, seconded by Coun. Nolan.
The Administrator explained that the ordinance revised the fee structure for Planning Board applications.
The hearing was closed on a motion by Coun. Garruzzo, seconded by Coun. Gorham.
Coun. Garruzzo, seconded by Coun. Visceglia, introduced Resolution 11-61 for passage and adoption on second and final reading. Vote: Coun. Garruzzo, Gorham, Scott, Shaak & Visceglia; all aye. No nays. Passed. (Note: Coun. Nolan abstained.)
Coun. Nolan, seconded by Coun. Gorham, introduced Resolution 11-56 to authorize publication of passage and adoption in the Coast Star according to law. Vote: Coun. Garruzzo, Gorham, Nolan, Scott, Shaak & Visceglia; all aye. No nays. Passed.
Mayor Nicol then called for committee reports and recognized Coun. Scott who congratulated the Brielle Elementary School Class of 2011 on their graduation and she added how welcome the School Officials had made the members of the Governing Body feel and how well planned the ceremony was.
Coun. Scott also thanked the 8th Grade for their effort, spear-headed by the ATP Program Members, in making aesthetic improvements to Constitution Park and the Library. The class had donated $400.00, a sum matched by the Borough from money dedicated to their annual planting program, to fund a program of pruning, weeding, planting and mulching at the aforementioned locations. Coun. Scott thanked everyone involved in the program including Superintendent Carlson and resident Kathy Schmidt who had given freely of her landscaping ability to benefit the project.
Coun. Nolan reminded the public that the Library was now on summer hours and would be closed on Saturday. He advised that a program in Russian would be conducted for grades 4 through 8 on July 5th and also reminded potential users of the Museum Pass Program. He also thanked the 8th grade for their beautification efforts at the Library.
Turning to Recreation, Coun. Nolan advised that the summer program had begun today and continued to be a great success.
Coun. Garruzzo, Shaak, Gorham & Visceglia had no reports.
Page 68 27th June 2011
The chair then recognized William Brannick who reiterated his earlier concern over the replacement of Mr. Burkhardt. The Administrator explained that Mr. Burkhardt would retire as Superintendent of Public Works & the Water Utility. He would continue in the Borough's employed as the part-time Certified Recycling Coordinator.
Mr. Michael McArthur was providing his services to the Borough as a part-time Licensed Water/Sewer Operator while his brother Robert finished obtaining securing his certifications. Mr. McArthur's current position as Assistant DPW Superintendent would be eliminated and therefore these changes represented a savings of approximately $60,000 to the Borough.
There being no further comments, the meeting was adjourned at 8:02 a.m. on a motion by Coun. Shaak, seconded by Coun. Nolan.
Approved: July 11th, 2011 Thomas F. Nolan
Borough of Brielle Resolution
Whereas, an application has been made for the renewal of Liquor License #130833-002-008 C.G. Mass, Inc. T/A Sand Bar, and
Whereas, the application is complete, the $2,225.00 fee due to the Borough of Brielle and the $200.00 fee due to the State of New Jersey, Division of Alcoholic Beverage Control, being received and all Municipal requirements have been complied with, and
Whereas, no objections to the renewal of this license have been received.
Now Therefore Be It Resolved, that the application of C.G. Mass, Inc. TIA Sand Bar, for premises located at 201 Union Lane, Brielle, N.J., is hereby approved and the Municipal Clerk is authorized to issue said license, for the license year July 1st, 2011 through June 30th, 2012, subject to the following conditions hereby imposed by the Governing Body of the Borough of Brielle:
1.) The conditions imposed by the Brielle Planning Board Resolution, dated May 6th, 1995 and incorporated into the text of this resolution as Addendum #1 (attached) shall continue to apply to this liquor license and shall be strictly enforced. The license holder shall abandon the area known as the west deck for service and/or consumption of food and alcoholic beverage and any other business purpose. The applicant shall not place any tables, chairs or similar devices on the west deck.
2.) No alcoholic beverage is to leave the licensed premises in an open container. The management of the Sand Bar is required to monitor all points of ingress or egress to ensure that this condition is met.
3.) All doors and windows of the Sand Bar shall be kept closed after 7:00 p.m. (Prevailing Time) whenever live, canned or amplified music is played.
Renewal of this license shall not take effect until a Tax Clearance certificate is provided to the Municipal Clerk.
The foregoing is a true copy of a Resolution adopted by the Brielle Mayor & Council at a meeting held on June 27th, 2011.
Witness my hand and seal of the Borough of Brielle this 28th day of June, 2011.
Thomas F. Nolan
BOROUGH OF BRIELLE RESOLUTION
WHEREAS, APPLICATION HAS BEEN MADE FOR THE RENEWAL OF LIQUOR LICENSE #1308-33-005-004, AND
WHEREAS, THE APPLICATION IS COMPLETE, AND THE FEES DUE TO THE MUNICIPALITY AND THE STATE OF NEW JERSEY, DIVISION OF ALCOHOLIC BEVERAGE CONTROL HAVE BEEN RECEIVED AND ALL LOCAL REQUIREMENTS HAVE BEEN MEET, AND
WHEREAS, THE GOVERNING BODY HAS BEEN MADE AWARE OF NOISE CONCERNS AT THIS LOCATION AND THE HOLDERS OF THE LICENSE HAVE AGREE TO THE IMPOSITION OF CONDITIONS TO ADDRESS THESE CONCERNS.
NOW THEREFORE BE IT RESOLVED, THAT THE FOLLOWING CONDITIONS ARE HEREBY IMPOSED ON LICENSE #1308-33-005-004 SHIP WRECK INN, LLC T/A SHIP WRECK GRILL:
1. ALL DOORS & WINDOWS SHALL BE KEPT CLOSED WHENEVER ANY LIVE MUSIC IS PLAYED.
2. REGARDING THE USE OF THE DECK AREA. ALL CONDITIONS IMPOSED BY THE BRIELLE PLANNING BOARD, REGARDING THE LIMITATION OF SERVICE ON THE DECK, AS STATED IN THEIR RESOLUTION (8/9195), AND AS FURTHER MEMORIALIZED IN MUNICIPAL RESOLUTION 96-46-E, WHICH AUTHORIZED A PLACE-TO-PLACE TRANSFER TO PERMIT UTILIZATION OF THE DECK, SHALL BE INCORPORATED INTO THIS RESOLUTION AS ADDENDUM #1.
3. IN THE EVENT THERE IS ANY MODIFICATION OF THE CONDITIONS IMPOSED BY THE PLANNING BOARD, THE MUNICIPAL RESOLUTION SHALL MIRROR THESE CONDITIONS, BUT IT SHALL BE THE APPLICANT'S RESPONSIBILITY TO ADVISE THE GOVERNING BODY OF ANY SUCH CHANGE TO ENSURE THAT THE EXACT LANGUAGE IS INCOPORATED INTO ADDENDUM #1.
NOW THEREFORE BE IT RESOLVED, THAT THE APPLICATION OF SHIP WRECK INN. INC. T/A SHIP WRECK GRILL, FOR PREMISES LOCATED AT 720 ASHLEY AVENUE, BRIELLE, NEW JERSEY, IS HEREBY APPROVED AND THE MUNICIPAL CLERK IS AUTHORIZED TO ISSUE SAID LICENSE FOR THE LICENSE YEAR JULY 1ST. 2011 THROUGH JUNE 30TH, 2012.
THE FOREGOING IS A TRUE COPY OF A RESOLUTION PASSED BY THE BRIELLE MAYOR & COUNCIL AT A MEETING HELD ON JUNE 27TH, 2011.
WITNESS MY HAND AND SEAL OF THE BOROUGH OF BRIELLE THIS 28TH DAY OF JUNE 2011.
THOMAS F. NOLAN
Resolution of the Borough of Brielle
Be It Resolved, that the Mayor & Municipal Clerk are hereby authorized to execute an agreement with the Monmouth County Regional Health Commission No.1 for the provision of services under the Local Health Services Act, N.J.S.A. 36:3A2-1 et seq. for a term to begin on September 1st, 2011 through August 31st, 2013.
The foregoing is a true copy of a resolution approved by the Brielle Mayor & Council at a meeting held on June 27th, 2011.
Witness my hand and seal of the Borough of Brielle this 28th day of June 2011.
Thomas F. Nolan
Resolution No: 11-59-E
Date: June 27th, 2011
RESOLUTION OF THE BOROUGH OF BRIELLE
WHEREAS, the Borough of Brielle believes that every child should have equal resources of state aid distributed by the legislature for an education in the State of New Jersey by utilizing a fair school funding mechanism; and
WHEREAS, the current distribution of state aid for education to the schools has not been distributed in a fair and equitable manner to provide property tax relief to all the citizens of the State of New Jersey; and
WHEREAS, Article III., Paragraph I, of the New Jersey State Constitution states, "The powers of government shall be divided among three distinct branches, the legislative, executive, and judicial. No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution;" and
WHEREAS, Article VIII, Section IV, Paragraph 1, of the New Jersey State Constitution states, "the Legislature shall provide for the maintenance and support of a thorough and efficient system of free public schools for the instruction of all-children in the State between the ages of five and eighteen years;" and
WHEREAS, Article VIII, Section IV, Paragraph 2, of the New Jersey State Constitution states, "the fund for the support of free public schools . . . shall be annually appropriated to the support of free public schools, and for the equal benefit of all the people of this State;" and
WHEREAS, Article VIII, Section I, Paragraph 7.a. of the New Jersey State Constitution states, the income tax is to be "annually appropriated ... exclusively for the purpose of reducing or offsetting property taxes;" and
WHEREAS, this body can no longer bear the burden of the continued diversion of its fair share of state school aid for the students between the ages of five and eighteen years of age who reside within this jurisdiction.
NOW, THEREFORE, BE IT RESOLVED, that the Borough of Brielle do hereby call upon the Legislature of the State of New Jersey to fulfill its constitutionally assigned duty to distribute the state aid for education to the school districts in this state in a fair manner that is for the equal benefit of all the people of the state and not by means that are prejudiced by the actions of special interests that may have been presented before the Court or other venue.
BE IT FURTHER RESOLVED, that the Clerk of this entity is hereby directed to forward a copy of this resolution to Governor Chris Christie, Senate President Stephen Sweeney, Senate Minority Leader Thomas Kean Jr., Assembly Speaker Sheila Oliver and Assembly Minority Leader Alex DeCroce.
Thomas F. Nolan